Schaffer accepts plea deal in Mallove murder trial

An ongoing murder trial came to an abrupt halt Friday when Chad Schaffer, of Norwich, decided to accept an offer of 16 years in prison, pleading guilty to the lesser charge of first-degree manslaughter in the 2004 beating death of Eugene Mallove.

An ongoing murder trial came to an abrupt halt Friday when Chad Schaffer, of Norwich, decided to accept an offer of 16 years in prison, pleading guilty to the lesser charge of first-degree manslaughter in the 2004 beating death of Eugene Mallove.

After several days of incriminating testimony that placed Schaffer at the scene of the May 14, 2004, killing, members of the Mallove family appeared stunned by the state’s offer.

Obviously angry, Mallove’s son, Ethan Mallove, briefly addressed the court, handing a picture of his father to Judge Patrick J. Clifford and telling him the sentence did not fit the crime. On trial for felony murder, among other charges, Schaffer had faced a possible 60 years in prison if convicted by the 12-member jury.

“I was unprepared for today’s result,” Mallove said later. “This is an insanely short sentence for the horrific manner in which this crime was carried out. He was also free for five years after the murder.”

As part of a plea agreement reached with the prosecution, Schaffer pleaded guilty to first-degree manslaughter and accessory to third-degree robbery for a total effective sentence of 25 years suspended after 16 years in prison and five years’ probation. Sentencing is scheduled for June.

“This is not justice,” said a tearful Rebecca Woodard, sister-in-law to Eugene Mallove’s daughter, Kim. “This sentence doesn’t come close to righting this wrong. His family deserves better. We ask you reject this plea and let the jury decide what is just.”

The plea also comes on the eve of the presentation to the jury of Schaffer’s confession to Norwich police — a confession that was secretly taped by cold case investigators Sgt. Corey Poore and Detective James Curtis.

Prosecutors Paul J. Narducci and Thomas DeLillo had already called on a string of witnesses that included Schaffer’s former girlfriend, Candace Foster, 32, a key witness who is also charged with murder in Mallove’s death. Foster, the mother of two of Schaffer’s children, recounted how Schaffer had come home on the night of May 14, 2004, with a bloody jersey. Schaffer and his cousin, Mozzelle Brown, had picked her up to bring her to Mallove’s home at 119 Salem Turnpike in order to force her to participate in the beating. They left with Mallove’s van and personal belongings in an attempt to make it look like a robbery.

Ignored cry for help

Mallove was still alone and begging for help when she arrived, Foster testified, but was beaten even further by the group.

Foster and Schaffer are Mallove’s former tenants. The confrontation between Schaffer, Brown and Mallove started when Schaffer found out Mallove was cleaning out the home after evicting Schaffer’s parents. Schaffer has said that Brown was the lead instigator in the fight, police said. Brown is serving a 15-year federal prison sentence and has yet to be served with a murder warrant.

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Foster said she watched as both Schaffer and Brown beat Mallove. Several of Schaffer’s former roommates also testified about their knowledge of the crime.

Prior to entering his pleas, Schaffer broke down in tears under questioning from the judge.

“Are you sure this is really what you want to do?” Clifford asked Schaffer.

“In all honesty, your honor, no,” Schaffer replied.

Schaffer indicated he struggled with the idea of spending so much time behind bars “for a crime I believe I did not commit.” Looking toward the window in the courtroom, Schaffer said, “I want to be out there again someday.”

Schaffer previously testified at a different proceeding that he threw “one punch,” but that it was Brown who started the fight with Mallove.

Eventually, however, Schaffer accepted the plea deal that Clifford said “certainly doesn’t sound like a perfect deal for anyone.”

Also in court was Foster’s mother, Jody Pabilonia, who has custody of Schaffer and Foster’s two children, ages 3 and 8.

“My heart breaks for the Mallove family,” Pabilonia said. “Nobody should have to live through this. I am so sorry for them. When I saw the pictures of Dr. Mallove, I went home and just cried to think my daughter was there. When you bring a child up, you can’t imagine she would be involved in something like this.”

Doubt about guilt

Narducci explained there were elements of the case that may have raised reasonable doubt among jurors.

While there had been evidence presented placing Schaffer at the scene of the crime, Narducci said, there were questions about the credibility of certain witnesses. He also said there was no DNA or biological evidence linking Schaffer to the scene. There was also some DNA found at the scene that turned out to be an “unknown,” Narducci said.

Defense attorney Bruce McIntyre was prepared to call on expert witnesses to testify about memory and interrogation techniques.

Schaffer’s parents, Patricia and Roy Anderson, declined to comment. Schaffer entered his pleas under the Alford doctrine, which means he does not agree with all of the state’s allegations but does not want to risk a stiffer sentence at trial.